Manyonge, Wanyama & Associates LLP v County Government of Kisumu & 3 others [2025] KEELRC 1781 (KLR)

Manyonge, Wanyama & Associates LLP v County Government of Kisumu & 3 others (Judicial Review E038 of 2024) [2025] KEELRC 1781 (KLR) (18 June 2025) (Ruling)

Neutral citation: [2025] KEELRC 1781 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Kisumu

Judicial Review E038 of 2024

Nzioki wa Makau, J

June 18, 2025

Between

Manyonge, Wanyama & Associates LLP

Applicant

and

County Government Of Kisumu & 3 others & 3 others & 3 others

Respondent

Ruling

1. The application before the Court is the contempt application which seeks the following order:a.The Honourable Court be pleased to issue summons to the person holding the office of Chief Officer Finance County Government of Kisumu, the County Executive Committee Member for Finance, County Government of Kisumu and County Secretary County Government of Kisumu to appear physically in the Employment and Labour Relations Court at Kisumu and show cause why they should not be cited for being in contempt of the Orders of mandamus issued by the Employment and Labour Relations Court at Kisumu on 6th February 2025.

2. The contempt application was not seriously resisted. However, since the liberty of subjects is at stake, the Court has to consider the implications of the grant of the summons. The refusal to comply with an order of the Court is conduct that undermines the authority and dignity of the court and is not countenanced by courts. It is alleged the Chief Officer Finance County Government of Kisumu, the County Executive Committee Member for Finance County Government of Kisumu and County Secretary County Government of Kisumu have deliberately refused to comply with an order of this Court.

3. The Court therefore summons thea.Chief Officer Finance County Government of Kisumu,b.County Executive Committee Member for Finance County Government of Kisumu andc.County Secretary County Government of Kisumu

4. The 3 official are appear on 26th June 2025 before the Hon. Mr. Justice Jacob Gakeri at 9. 00am to show cause why they should not be held in contempt of the orders of this court. The summons to be served by the Applicant. Personal service is preferred but if the alleged contemnors are elusive, they can be served by email and an additional copy be sent to the County Attorney Kisumu County Government.

5. The Applicant will have costs of the motion before court.Orders accordingly.

DATED AND DELIVERED AT KISII THIS 18TH DAY OF JUNE 2025NZIOKI WA MAKAU, MCIArb.JUDGE